[nfbmi-talk] Regarding the Guide Dog Division Constitution

[lkeeler at comcast.net]

Elizabeth, you're probably right. I didn't think of it that way because of 
my envolvement with City Hall where they seem to read everything twice. I 
think that only applies to resolutions down there but, I'm not sure.

-----Original Message----- 
From: Elizabeth Mohnke via NFBMI-Talk
Sent: Saturday, September 17, 2016 1:38 PM
To: 'nfbmi-talk at nfbnet.org'
Cc: Elizabeth Mohnke
Subject: [nfbmi-talk] Regarding the Guide Dog Division Constitution

Hello All,

It appears as though there is still a lot of confusion regarding the 
adoption of the guide dog division constitution. I do not know what the 
previous state affiliate constitution said about the formation and adoption 
of new divisions within the state affiliate as it appears as though no one 
was ever able to find a copy of the previous state affiliate constitution. 
However, here is what the current state affiliate constitution says about 
the formation and adoption of new divisions within the state affiliate:

ARTICLE V DIVISIONS

The Board of Directors shall establish procedures for admission of divisions 
and shall determine the structure of divisions. The divisions shall, with 
the approval of the Board, adopt constitutions and determine their 
membership policies.

Therefore, the current state affiliate constitution is rather vague in 
regards to the formation and adoption of divisions within the state 
affiliate. The notion that the guide dog constitution needed to be read 
twice during a state affiliate board meeting where official business is 
discussed appears to be nothing more than an assumption that does not appear 
to be true. There is nothing in the current state affiliate constitution 
stating that the constitution of a new division or chapter needs to be read 
during a state affiliate board meeting where official business is discussed. 
Here is what the current state affiliate constitution says about the 
formation and adoption of new chapters within the state affiliate:

ARTICLE IV LOCAL CHAPTERS

Any organized group desiring to become a local chapter of the National 
Federation of the Blind of Michigan shall apply for affiliation by 
submitting to the President of the National Federation of the Blind of 
Michigan a copy of its Constitution and a list of the names and addresses of 
its members and elected officers. When the National Federation of the Blind 
of Michigan either in Convention assembled or by action of its Board of 
Directors, shall have approved the application, it shall issue to the Local 
Chapter a Certificate of Acceptance.  Annually, on or before January 31, 
each Local Chapter shall provide to the Treasurer of the National Federation 
of the Blind of Michigan a current list of its members, their names, 
addresses, and their state dues.  The treasurer shall submit to the 
secretary a current list of all active members annually.   Upon request, a 
local chapter shall also provide the state President with a list of the 
names and addresses of the chapter members and with a detailed financial 
report of the chapter for the past year. The fiscal year of this 
organization shall be the calendar year. As new members enter local 
chapters, their names, addresses, and state dues shall be sent without delay 
to the Treasurer of the state organization. No group shall be accepted as a 
chapter and no group shall remain a chapter unless a majority of its voting 
members are blind. The President, the Vice President (or Vice Presidents), 
and at least a majority of the Executive Committee or Board of Directors of 
the local chapter must be blind. The President of the National Federation of 
the Blind of Michigan shall be ex-officio a member of each local chapter. In 
the event of the dissolution of a local chapter, or if (for whatever reason) 
the local chapter ceases to be a part of this organization, its assets shall 
become the property of the National Federation of the Blind of Michigan; and 
it shall forthwith cease to use the name National Federation of the Blind, 
Federation of the Blind, or any variant thereof.

It appears to me that the guide dog division has done the things outlined in 
the section of the state affiliate constitution for the formation and 
adoption of a new chapter. It would seem to me the formation and adoption of 
a new division would be the same for a new chapter. Therefore, there is no 
need to read the guide dog division constitution again in order for the 
state affiliate to recognize the guide dog division as an official division 
within the state affiliate.

It seems to me that a lot of people are confusing the adoption of the guide 
dog constitution with the amendment process for amending or changing the 
state affiliate constitution. As I understand it, the constitution that is 
being presented by the guide dog division seeking to be recognized as an 
official division within the state affiliate is a new constitution. It is 
impossible to amend a new constitution that is being considered for 
adoption. However, once the guide dog division constitution is deemed to be 
acceptable by the state affiliate, any amendments or changes to the guide 
dog division constitution would be handled by the guide dog division and not 
the state affiliate.

According to the current state affiliate constitution, the only time an 
amendment needs to be presented and read aloud during a state affiliate 
board meeting where official business is discussed is when someone is 
seeking to amend or change the state affiliate constitution. Here is what 
the current state affiliate constitution says about amending the state 
affiliate constitution:

ARTICLE XV AMENDMENTS

This Constitution may be amended at any regular meeting of this organization 
by an affirmative vote of two-thirds of the active members present and 
voting, provided the proposed amendment has been submitted in writing and 
read at a previous business session and provided it is in compliance with 
the provisions of the Charter of Affiliation received from the National 
Federation of the Blind and with the policies of the National Federation of 
the Blind.

I sincerely hope this helps to clarify the confusion surrounding the 
adoption of the guide dog division and the process of approving the 
constitution for the guide dog division. If the state affiliate has received 
a copy of the constitution for the guide dog division, and has received a 
list of officers and members along with their dues, there should be nothing 
more that needs to be done for the state affiliate to recognize the guide 
dog division as an official division within the state affiliate except to 
formally approve of its adoption as an official division within the state 
affiliate. It seems to me that a simple motion to approve the guide dog 
division as an official division within the state affiliate is all that is 
needed here.

Warm regards,
Elizabeth






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